Legal Adaptation Of The Laws Regulating The Topics Referred To In Article (84/3) Of The Jordanian Constitution
DOI:
https://doi.org/10.35246/hrz9zn49Keywords:
laws supplementing the Constitution, laws with a strict majority, defense lawAbstract
The aim of the study was to determine the legal nature of the laws governing the topics referred to in Article (84/3) of the Jordanian constitution, as the legislator required any of the upper and lower houses of Parliament to issue a decision related to any of these laws with a strict majority that is somewhat similar to the majority required to approve the draft law amending the Constitution. Which called for a part of jurisprudence to consider these laws as complementary laws to the Constitution. The study came to demonstrate the validity of this hypothesis. In order to achieve the purpose of the study, the descriptive approach was used; by analyzing the relevant texts of the Constitution. The study has reached several conclusions, the most important of which is that the legal value of these laws does not differ from other laws, and the possibility of suspending their operation under defense orders issued based on the Defense (State of emergency) law. The study recommended that the interpretation of Article (84/3) of the Constitution should be requested to confront the mental image that surrounded these laws in the light of jurisprudence, by determining the legal nature of these laws and their value in the legislative pyramid in Jordan.
Downloads
References
First- Books;
I. Abu Khait, Yanal (2024) The Jordanian Constitutional System/Including Constitutional Amendments Until 2022, 1st Edition, House of Culture: Amman/Jordan.
II. Al-Hiyari, Adel (1972) Constitutional Law and the Jordanian Constitutional System/A Comparative Study, 1st Edition.
III. Al-Khatib, Noman (2023) Political Systems and Constitutional Law, 16th edition, House of Culture: Amman/Jordan.
IV. Al-Khatib, Noman (2023) Al-Wafi in the Constitutional System, 4th edition, House of Culture: Amman/Jordan.
V. Al-Khalayleh, Muhammad (2023) The Mediator in Administrative Law, 3rd edition, House of Culture: Amman/Jordan.
VI. Al-Debs, Issam (2014) The Mediator in the Constitutional System, 1st edition, House of Culture: Amman/Jordan,
VII. Shatnawi, Ali Khattar (2013) Political Systems and Jordanian and Comparative Constitutional Law/Book Two - Constitutional Law, 1st Edition, Dar Wael: Amman/Jordan.
VIII. Al-Adayleh, Amin (2022) Al-Wajeez in the Constitutional System, 4th edition, House of Culture: Amman/Jordan.
IX. Al-Ghazawi, Muhammad (2013) Views on Laws Supplementary to the Constitution: A Study in Both Jordanian and Comparative Legislation, 1st ed.,
X. Farraj, Shams Marghani, Al-Wajeez in Constitutional Law and the Foundations of the Constitutional System in the United Arab Emirates, 1st edition, Al-Quds Library: Emirates.
Second- Thesis;
XI. Al-Rahmaneh, Muhammad (2019) General Provisions for Joint National Assembly Sessions in the Jordanian Constitution, unpublished PHD thesis, University of Jordan: Jordan-Amman.
XII. Al-Sherif, Samia (2015) The status of organic laws in the Algerian legal system, unpublished master’s thesis, Hajj Lakhdar University/Algeria: Batna.
XIII. Abdel-Bashir, Amer (1990) The Legislative and Political Competences of the Iraqi National Council and the Jordanian National Assembly: A Comparative Analysis, unpublished master’s thesis, University of Jordan: Jordan - Amman.
Third- Periodicals;
XIV. Abu Hajar, Hazem (2023) The development of oversight of the constitutionality of laws in Jordan: a comparative study, Journal of the Faculty of Sharia and Law in Tafhana Al-Ashraf - Dakahlia / Egypt, No. (26), Part (1), pp. 313-356.
XV. Al-Rahmaneh, Muhammad (2024) The problems resulting from the introduction of Paragraph (3) of Article (84) of the Jordanian Constitution, Al-Mufakir Magazine / Algeria, vol. 19, p. (1), pp. 251-278.
XVI. Al-Rahmaneh, Muhammad (2018) The role of the Jordanian National Assembly in treaties under the 1952 Constitution, Journal of Sharia and Law Studies/Jordan, vol. 45, p. (3), pp. 148-163.
XVII. Al-Ghazawi, Muhammad (1994) Views on the right of the head of state to veto laws, Journal of Human Sciences Studies/Jordan, vol. 21, p. (3), pp. 123-138.
Fourth- Specialized references;
XVIII. Al-Rahmaneh, Muhammad (2023) Lectures given to students of the Faculty of Law at the University of Jordan/Aqaba Branch, unpublished lectures.
Fifth- websites;
XIX. Nasraween, Laith, Constitutional Amendments: Laws Supplementing the Constitution, article published online; Jordanian Al-Rai newspaper, article publication date: October 25, 2021, link to the article;
XXI. News published on the Jordan News Agency website entitled: Al-Khasawneh: Article 22 of the Constitution aims to establish controls so that partisan governments do not overpower the rights of other components of society; Publication date: January 13, 2022, available at: https://petra.gov.jo/Include/InnerPage.jsp?ID=200684&lang=ar&name=news
XXII. News published on the Hala News website under the title: Al-Khasawneh: We support adding “nationality and status” to laws supplementing the constitution, date of publication January 5, 2022, available at the link: https://www.hala.jo/2022/01/05/%D8%A7%D9%84%D8%AE%D8%B5%D8%A7%D9%88%D9%86%D8%A9-%D9%86%D8%AF%D8%B9%D9%85-%D8%A5%D8%B6%D8%A7%D9%81%D8%A9-%D9%82%D8%A7%D9%86%D9%88%D9%86%D9%8A-%D8%A7%D9%84%D8%AC%D9%86%D8%B3%D9%8A%D8%A9-%D9%88%D8%A7/
Sixth- Legislations;
XXIII. The Constitution of the Hashemite Kingdom of Jordan of 1952 and its amendments.
XXIV. The Basic Law of Transjordan of 1928.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
